State Of Rajasthan vs Babu Lal Saini ...
2023 Latest Caselaw 9228 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 722/2022

IN

S.B. Civil Writ Petition No.8661/2021

1. State Of Rajasthan, Through Secretary Department Of Revenue, Government Of Rajasthan, Jaipur (Raj.).

2. The District Collector, Alwar, District Alwar Rajasthan.

3. Director, Secondary Education, Bikaner (Raj.).

----Appellants Versus

1. Babu Lal Saini S/o Ramchandra Sain, Aged About 54 Years, Baswa Road, Malipura, Ward No. 23, Bandikui Jageer (Rural), Bandikui, Dausa, Rajasthan.

2. Anil Kumar Sharma S/o Shri Ramswaroop Sharma, Aged About 55 Years, Garh Himmat Singh, Dausa, Rajasthan.

3. Om Prakash Sharma S/o Shri Ram Kishor Sharma, Aged About 55 Years, Dobhi Mohalla, Mandawar, Mahwa, Dausa, Rajasthan.

4. Dwarika Prsad Awasthi S/o Shri Jagdish Prasad Awasthi, Aged About 56 Years, Lotwara, Tehsil Baswa, Dausa, Rajasthan.

5. Kamlesh Kumar Sharma S/o Shri Bharat Lal Sharma, Aged About 52 Years, Panda Mohalla, Ward No. 30, Dausa, Rajasthan.

6. Hanuman Singh S/o Shri Balkishan, Aged About 64 Years, Dhobi Mohalla, Mandawar, Mahwa, Dausa, Rajasthan.

7. Asha Sharma W/o Shri Surendra Kumar Sharma, Aged About 60 Years, Behind Vk Memorial School, Vivek Nagar Sec 1, Jhunjhunu, Rajasthan.

8. Om Prakash Sain S/o Shri Girdhari Lal Sain, Aged About 60 Years, 50/306, Rajat Path, Mansarovar, Jaipur, Rajasthan.

9. Ram Singh S/o Shri Krishna Gopal Singh, Aged About 55 Years, 656/2, Gali No.7, Ram Nagar, Pushkar Road, Ajmer, Rajasthan.

10. Ashok Kumar Garg S/o Shri Norat Mal Kandoi, Aged About 54 Years, 2/211, P.n.b. Marg, Makarwali Road, Panchsheel

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Nagar, Ajmer, Rajasthan.

11. Suresh Kumar Sharma S/o Shri Banwari Lal Sharma, Aged About 55 Years, Gram Post V.b.o., Dhamrer, Rajgarh, District Alwar, Rajasthan.

12. Man Singh Bairwa S/o Shri Sohan Lal Bairwa, Aged About 56 Years, Veerpur, Rajgarh, District Alwar, Rajasthan.

----Respondents

For Appellant(s) : Mr. Uttkarsh Singh for Mr. Sunil Beniwal, AAG For Respondent(s) : Mr. S.S. Choudhary

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

07/11/2023

1. Learned counsel for the parties submit that issue raised in

the present appeal stands squarely covered by D.B. Spl. Appl.

Writ No.749/2022 (The District Collector Vs. Madhu Sudan

Sharma) decided on 18.08.2023, wherein the Co-ordinate Bench

of this Court has disposed of the similar special appeal.

2. In the case of Madhu Sudan Sharma (supra), Co-ordinate

Bench of this Court, inter-alia, observed as under:-

"An application under Section 5 of the Limitation Act has been filed for condoning the delay of 93 days in filing the present appeal.

Learned counsel for the respondents has submitted that the learned Single Judge at Jaipur Bench vide order dated 21.11.2017 passed in S.B. Civil Writ Petition No.21214/2017 (Om Prakash &Ors. Vs. State of Rajasthan & Ors.) has granted reliefs to the similarly situated petitioners in the light of judgment passed in Hemlata Shrimali & Ors. Vs. State of Rajasthan & Ors. (SBCWPNo.3247/2015, decided on 1.4.2015 and relying upon the case ofSuman Bai & Anr. Vs. State of Rajasthan & Ors., reported in 2009(1) (WLC) (Raj.) 381.

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It is further submitted that the Special Appeal Writ challenging the order passed in Om Prakash Sharma's case(supra)has already been disposed of by a Division Bench of this Court.

Learned AAG is not in a position to dispute the above facts.It is noticed that the Special Appeal Writ preferred againstthe order passed in Om Prakash Sharma's case (supra) has beendisposed of by a Division Bench of this Court while passing thefollowing order:-

"Learned counsel for the petitioners, however, submitted that the issue is arising in large number of cases and in several departments, the Government has accepted the stand and granted the benefits. If the petitioners are not granted similar benefits, it would amount to discriminatory treatment. Whatever be the grievance of the petitioners they can be resolved at the level of the administration or by the Court through bipartite hearing.

In view of the peculiar circumstances, these appeals are disposed of by permitting the Government to take into account the representations already made or to be filed by any of the petitioners within one month. In the process, the authorities will bear in mind the stand taken by the department in similar cases. Such representations would be decided in accordance with law unmindful of the observations and directions issued by the learned Single Judge in the impugned orders. Eventually, if the grievances of the petitioners still survive after the Government decision, it is open for the petitioners to seek redressal thereafter in accordance with law. The appeals are disposed of accordingly."

In view of the above, this Special Appeal Writ is also disposed of on the same termed as quoted above."

3. In view of the submissions made, the present appeal is also

disposed of in the light of and the same directions as given in

Madhu Sudan Sharma (supra).

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J

19-Payal/-

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